- The Secure Power of Attorney document is used to disclose the mileage of a vehicle and support the transfer of ownership of the vehicle.
WHEN IT CAN BE USED
- Part A: According to the Federal Truth in Mileage Act, when the ownership of a vehicle 10 years old and newer is transferred, the mileage must be disclosed. Ideally, this disclosure is made on the back of a title, along with the signatures of the seller (transferor) and the buyer (dealer/transferee). However,
- If the seller’s title is in the possession of the lienholder, or
- If the title has been lost and the buyer/dealer applies for a duplicate certificate of title on behalf of the seller
- then the seller can give the dealer power of attorney in Part A of the secured document to disclose the odometer reading. This is completed at the time the vehicle is sold or traded in to a dealer.
- Part B: In many cases, by the time the vehicle is ready to be sold, the dealer will have the title in hand. The dealer would then disclose the mileage and sign on behalf of the seller; the buyer would sign the title and the transfer of ownership would be complete.
- However, if the vehicle is sold to a new owner and the title is still not available due to either of the reasons stated above, the new buyer can give the dealer power of attorney on Part B of this secured document to review the title documents for odometer discrepancies and if none are found.
- Part C: Must be completed only if Part A and Part B are completed.
- Tennessee’s Secure Power of Attorney does not require notarization. Forms from other states may require notarization.
WHEN IT CANNOT BE USED
- When the title is in the possession of the dealership but just “not accessible”, i.e., the title office is closed/locked:
- The dealer must arrange a time for the buyer to return to properly sign the back of the title as buyer
- If the Secure Power of Attorney were allowed to be used in this case, the dealer would be acknowledging the odometer disclosure as both seller and buyer which is prohibited by federal law
Secure Power of Attorney
- Dealers may order the Secure Power of Attorney Form by filling out the Order Request for Forms form. The form number for the Secure Power of Attorney is RV-F1316901.